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June 4, 2020 Moves to Impose on Kong

Overview by the Basic Law “as soon as possible.” In addition, Hong China’s , the National People’s (NPC), Kong’s Chief is instructed to “effectively on 28, 2020, adopted a decision authorizing its prevent, stop, and punish acts and activities endangering Standing (NPCSC) to write national security national security,” carry out national security in that will apply only to China’s Special Hong Kong, and report regularly to about Hong Administrative Region (HKSAR). The decision also Kong’s national security work. requires the HKSAR government to pass local legislation to protect China’s national security, although previous Finally, the decision states, “When needed, relevant attempts to pass national security legislation in the have national security organs of the Central People’s failed in the face of massive public protests. Government will set up agencies in the HKSAR to fulfill relevant duties to national security in accordance Many observers see the NPC decision as a violation of with the law.” It is unclear if these agencies will be China’s obligations under two of Hong Kong’s branches of the national security organs, Hong Kong foundational documents. The first is the 1984 Sino-British entities, or some form of joint entities. China’s central Joint Declaration on the Question of Hong Kong, the government currently maintains in Hong Kong a Liaison international treaty on the transfer of sovereignty over Hong Office, an Office of the of the Ministry of Kong from the United to China on 1, 1997. , and a garrison of 12,000 People’s The second is China’s Basic Law of the HKSAR of 1990, Liberation Army soldiers. which established the HKSAR. Both documents that the HKSAR is to enjoy a “high degree of autonomy, except Steps in foreign and defence affairs” and that the “rights and freedoms” of the people of Hong Kong will remain Beijing unchanged until at least 2047. Many observers also view The NPC decision does not set a timeframe for the NPCSC the NPC’s decision as contrary to China’s “one , to write the national security legislation or for central two systems” policy, under which the people of Hong Kong government national security organs to establish agencies in are to govern Hong Kong. China insists the moves are the HKSAR. The NPCSC, a select group of 159 of the full necessary to “maintain and improve” the “one country, two NPC’s nearly 3,000 delegates, has the authority to pass systems” policy in a situation in which it believes the “one legislation on its own, without having to return it to the full country” part of the formula has come under threat from for a vote. Once the NPCSC adopts the advocates for resistance to China’s central government in authorized national security laws, the NPC decision allows Beijing. the NPCSC to decide to add the laws to the list of national laws applicable to the HKSAR in Annex III of the Basic On May 29, 2020, President Donald J. Trump accused Law. The NPCSC meets approximately every two months. China of extending “the reach of China’s invasive state It last met on May 18, 2020. security apparatus into what was formerly a bastion of liberty,” and of doing so in violation of the Joint Hong Kong Declaration and the Basic Law. In response, the President To comply with the NPC decision, the HKSAR government said he would “begin the process of eliminating policy and Hong Kong’s (Legco) must pass exemptions that give Hong Kong different and special the local legislation required by Article 23 of the Basic Law treatment.” He did not specify a timeframe for action. (See below). In addition, the HKSAR government is Multiple bills related to protecting Hong Kong’s autonomy required to “promulgate and implement” the NPCSC- are pending in the U.S. Congress. drafted national security legislation. NPC Decision The NPC decision authorizes the NPCSC to “formulate” Article 23 of the Basic Law—The Hong Kong and impose on Hong Kong legislation “to improve the Special Administrative Region shall enact laws on its HKSAR system and enforcement mechanisms.” The own to prohibit any act of , , , legislation is to “effectively prevent, stop, and punish acts against the Central People’s Government, and activities to split the country, subvert state power, or theft of state secrets, to prohibit foreign political organize and carry out terrorist activities, and other organizations or bodies from conducting political behaviors that seriously endanger national security, as well activities in the Region, and to prohibit political as activities of foreign and external forces to interfere in the organizations or bodies of the Region from affairs of the HKSAR.” establishing ties with foreign political organizations or bodies. The NPC decision also states that the HKSAR government should complete local national security legislation required https://crsreports.congress.gov China Moves to Impose National Security Law on Hong Kong

Reasons for the NPC Action activists claim security personnel were already NPCSC Vice Chairman on May 22, 2020, secretly working with the Hong Kong Force. alleged a surge in national security risks in Hong Kong over the last year justified the need for the NPC decision. He U.S. Response highlighted calls for , attacks on On May 27, 2020, before passage of the NPC decision, the national flag and national emblem, efforts to of State Michael Pompeo informed Congress, “incite” the people of Hong Kong to be “anti-China” and under the U.S.-Hong Kong Policy Act of 1992 (USHKPA) “anti- of China,” activists’ “besieging” (P.L. 102-383), of his certification that Hong Kong does not Chinese government’s institutions in Hong Kong, and continue to warrant treatment under U.S. law in the same alleged efforts to “discriminate against and exclude” people as before its to China on , 1997. In from . Wang lashed out, too, at external his May 29 remarks, President Trump said his new forces for providing “support and an umbrella for the anti- approach to Hong Kong would “affect the full range of China forces disrupting Hong Kong.” Wang also argued agreements we have with Hong Kong, from our extradition that the HKSAR government’s failure for the last 23 years treaty to our export controls on dual-use technologies and to comply with Article 23 of the Basic Law made the NPC , with few exceptions.” He also said the State decision necessary. Department would revise its travel advisory for Hong Kong “to reflect the increased danger of and A 2003 effort by the HKSAR government to pass Article 23 punishment by the Chinese state security apparatus.” legislation prompted an estimated 500,000-person protest and the subsequent resignation of then-Hong Kong Statements by China and the HKSAR Secretary of Security and now Legco member Government Lau Suk-yee. Many observers consider the 2003 protest a After a 3, 2020, meeting in Beijing with Chinese Vice significant factor in China’s loss of support for then-Hong , Chief Executive Lam said Han had Kong Chief Executive Tung Chee-hwa, and his decision to reiterated to her that the new national security legislation resign in 2005. (Officially, he resigned for health would target only “a small minority” of “criminals” in reasons.) No subsequent Chief Executive has submitted Hong Kong. On May 28, 2020, Chief Executive Lam legislation to Legco to fulfill the requirements of Article 23 welcomed the NPC’s decision, stating the NPCSC’s of the Basic Law. national security law “will not affect the legitimate rights and freedoms enjoyed by .” Lam also Some Chinese officials and Hong Kong politicians called acknowledged “that the Hong Kong SAR still has the legal for passage of Article 23 legislation after the 2014 pro- responsibility to enact legislation in accordance with Article shut down portions of the 23 of the Basic Law and should complete the legislation to city for nearly three months. Those calls increased in safeguard national security as soon as possible.” intensity following the outbreak of large-scale demonstrations in 2019 in response to the HKSAR’s Issues for Congress attempt to revise a local ordinance to allow extraditions to It remains unclear how President Trump might implement mainland China. Chief Executive Yuet- his new policies on Hong Kong. The USHKPA authorizes ngor declined to introduce Article 23 legislation, however, the President to determine in an Executive Order “that maintaining that conditions in Hong Kong were not suitable Hong Kong is not sufficiently autonomous to justify for addressing such a contentious issue. treatment under a particular law of the , or any provision thereof, different from that accorded the People’s Implications for Hong Kong of China.” The NPC’s approval of the decision has started a process that may result in the people of Hong Kong being subject to In 2019, Congress passed the Hong Kong Human Rights national security laws imposed by China’s central and Democracy Act (P.L. 116-76) in response to the government that are broader in scope than what is required proposed changes to the HKSAR’s extradition law and to by Article 23 of the Basic Law. For example, the NPC provide support to the protesters. Congress may consider resolution requires the NPCSC laws to prohibit “terrorist passage of other legislative measures to the threat activities” and “foreign and external forces interfering in to Hong Kong’s autonomy and the human rights of Hong the affairs of Hong Kong,” language which is not included Kong residents. The Hong Kong Be Act (H.R. 5725 in Article 23. and S. 2758) would authorize the President to impose sanctions on persons and entities suppressing freedoms in As a result, the NPCSC’s laws may end up prohibiting Hong Kong. H.R. 6947 would allow the President to activities, behavior, and communications previously legal in recognize Hong Kong as an independent country. S. 3798 Hong Kong. Some fear that efforts by Hong Kong residents would impose sanctions on “foreign persons” who are to lobby the U.S. Congress could be considered illegal responsible for the of China’s fulfilment of its under the NPCSC’s laws, for example. obligations under the Joint Declaration.

The establishment of new national security agencies in Michael F. Martin, Specialist in Asian Affairs Hong Kong is another major concern for some. For Susan V. Lawrence, Specialist in Asian Affairs example, it could open the way for mainland security personnel to conduct investigations and initiate criminal IF11562 prosecutions in Hong Kong. During the 2019 protests,

https://crsreports.congress.gov China Moves to Impose National Security Law on Hong Kong

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https://crsreports.congress.gov | IF11562 · VERSION 1 · NEW